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(영문) 서울고등법원 2015.03.20 2014나2034575
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 483,054,605 and KRW 276,554,410 among them.

Reasons

1. The following facts are deemed to have been led by the Defendant under Article 150(3) and (1) of the Civil Procedure Act:

A. 1) The establishment of a limited collateral guarantee obligation to our bank 1) C is a Korean bank (hereinafter “Korea bank”).

(1) The term “loan” means the term “loan” means the term “loan” means the term “loan” means the term “loan” (hereinafter referred to as the “loan”) under the condition that the term is applied to the Bank Credit Transaction Terms and Conditions and the term is 19% per annum on February 25, 2008 and the term is 436,000,000,000 under the pretext of the General Loan for Business Operation on February 5, 207.

(2) A loan with the overdue interest rate of KRW 50,00,000 for retail financing general loans on February 10, 2009 set as August 13, 2009 at 19% per annum and with the overdue interest rate of KRW 50,00,00 for retail financing general loans (hereinafter “loans in paragraph (2)”).

(2) On February 5, 2007, the Defendant guaranteed the limited amount of guarantee limit to C’s loan obligations as KRW 528,00,000 with respect to the loan obligations described in paragraph (1). On February 10, 2009, the Defendant guaranteed the limited amount of guarantee limit to C’s loan obligations as KRW 60,000 with respect to the amount of guarantee limit to C’s loan obligations described in paragraph (2).

B. C, such as delinquency in paying the principal and interest of each of the above principal and interest of loan and subrogation of C, has lost the benefit of time due to delinquency in paying the principal and interest of each of the above loan obligations. Our bank received a total of KRW 162,851,590 from the Korea Asset Management Corporation in subrogation in relation to each of the above loan obligations, and KRW 6,606,00 out of the amount of subrogated payment, the remainder of KRW 156,245,590 as provisional payment, and KRW 156,590 as of November 6, 2013, including KRW 276,54,410 as of November 6, 2013, the loan obligation described in paragraph (1) is KRW 483,054,605, including principal, KRW 50,692,283 as to each of the above loan obligations.

C. On August 26, 2010, the Plaintiff’s claim acquisition bank transferred each of the above principal and interest of loan to Korea L&A Co., Ltd., and our E&A Co., Ltd. on August 26, 2010.

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